Bombay High Court
State Of Maha vs Dagdu Appa Bandgar on 14 October, 2022
Bench: S. G. Dige
(1) 1031-fa-1842-2008
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.1842 OF 2008
STATE OF MAHARASHTRA
VERSUS
DAGDU APPA BANDGAR
...
Mr. S. S. Dande, Advocate for the Appellant.
...
CORAM : S. G. DIGE, J.
DATED : 14th OCTOBER, 2022.
PER COURT:-
1. Being aggrieved and dissatisfied by the
judgment and Award passed by the Civil Judge,
Senior Division, Latur (for short 'Reference
Court') this appeal is preferred by the
appellant/orig. Respondent.
2. It is the contention of the learned
counsel for the appellant that, the Special Land
Acquisition Officer has awarded the compensation of
Rs.5000/- per acre, whereas learned Reference Court
has enhanced it to Rs.25,000/- per acre, which is
excessive. The learned Reference Court has wrongly
relied upon sale instance at Exhibit-17 without
considering the quality and fertility of the land.
The said sale instance was not from the same
village. Inspite of that, it was considered by the
learned Reference Court. Hence, requested to allow
the appeal.
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(2) 1031-fa-1842-2008
3. Though sole respondent private party was
served, none appears for sole respondent.
4. I have heard learned A.G.P. for the
appellant. Perused the judgment and order passed
by the learned Reference Court.
5. The learned Reference Court by common
judgment has decided three LARs including LAR
challenged in present appeal. The land of
respondent was situated at Survey No.5/3 at village
Lohata. It was acquired for Lower Terna project by
appellant. The Special Land Acquisition Officer
has awarded Rs.5000/- per acre compensation,
whereas the learned Reference Court has enhanced it
to Rs.25,000/- per acre. While enhancing the
compensation the learned Reference Court has
considered the sale instance which is at Exhibit-
17. The learned Reference Court has observed that,
the price of the sale under the sale instance was
of Rs.26,500/- per acre on 03.10.1988 and on that
basis he has determined the price of the land on
01.02.1990 i.e. date of Notification. The learned
Reference Court has further observed that, the
price of the land increase year by year and on that
basis he has considered the price of Rs.25,000/-
per acre considering the land of the respondent as
dry land. It appears from the record that, the
land sold and the acquired land of the respondent
are not at far distance. In view of the above,
there is no infirmity in the order passed by
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(3) 1031-fa-1842-2008
the learned Reference Court. I pass the following
order:
ORDER
A. Appeal is dismissed.
B. No order as to costs.
(S. G. DIGE)
JUDGE
Devendra/October-2022
